LAW OF UKRAINE

of June 21, 2012 No. 5018-VI

About industrial parks

This Law determines the legal and organizational principles of creation and functioning of industrial parks in the territory of Ukraine for the purpose of ensuring economic development and increase in competitiveness of the territories, activation of investing activities, creation of new workplaces, development of modern production and market infrastructure.

Section I General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) the choice of the territory for the industrial park - complex of organization-legal, planning and other actions of initiators of creation of industrial parks concerning search, the redemption, assignment and establishment in nature (on the area) free from building or the built-up parcels of land intended for creation of the industrial park;

2) implementation of economic activity within the industrial park - economic activity of participants, managing company, the initiator of creation, other subjects of the industrial park on the terms of agreements on creation and functioning of the industrial park and/or on implementation of economic activity within the industrial park;

3) the industrial (industrial) park (further - the industrial park) - the territory equipped with the corresponding infrastructure within which members of the industrial park can perform economic activity in the field of processing industry, conversions of industrial and/or household wastes (except waste disposal), alternative power engineering, energy storage, and also scientific and technical activities, activities in the field of information and electronic communications on the conditions defined by this Law and the agreement on implementation of economic activity within the industrial park is determined by the initiator of creation of the industrial park according to town-planning documentation.

In the territory of industrial parks activities for production of excise goods (except for productions of species of fuel (biological fuel), production of biocomponents, developments of energy from alternative energy sources, productions of cars, bodies to them, the trail cars and semitrailer trucks, motorcycles, vehicles intended for transportation of 10 people and more, vehicles for transportation of goods) and the economic activity falling under licensing according to Items 18, 18-1, 20-22, 32 parts one of article 7 of the Law of Ukraine "About licensing of types of economic activity" cannot be performed;

4) the initiator of creation of the industrial park (further - the initiator of creation) - the public authority, local government body which according to the Constitution of Ukraine performs the owner's right to the earth on behalf of the Ukrainian people and according to the law is given authority of the order the earth, and also the legal entity or physical person - the owner or the lessee of the parcel of land which can be used and is offered to them for creation of the industrial park;

5) managing company of the industrial park (the managing company is farther) - the legal entity created according to the legislation of Ukraine irrespective of form of business and chosen according to this Law with which the initiator of creation signs the agreement on creation and functioning of the industrial park;

6) arrangement of the industrial park - accomplishment according to terms of the contract about creation and functioning of the industrial park and according to the Law of Ukraine "On regulation of town-planning activities" complex of works and services in preparation of the parcels of land, and also designing, construction, reconstruction, repair and arrangement of objects of engineering and transport infrastructure or other objects by managing company, the initiator of creation and/or other subject of the industrial park at the expense of the budgetary, own, borrowed or other funds for the purpose of creation of proper conditions for implementation by participants of economic activity;

6-1) cross-border industrial park - the industrial park which is created and function based on the international treaty of Ukraine which is signed between the governments of the states or the initiators of creation authorized by them. The procedure for creation and functioning of such industrial parks is regulated by international treaties of Ukraine;

7) authorized state body - the central executive body realizing state policy concerning creation and functioning of industrial parks in the territory of Ukraine which activities go and coordinated by the Cabinet of Ministers of Ukraine;

8) the member of the industrial park (further - the participant) - the subject of managing of any pattern of ownership registered in the territory (in limits) the industrial park which according to the legislation acquired the right to the parcel of land and/or other object (part of object) of real estate within the industrial park, signed with managing company the agreement on implementation of economic activity within the industrial park according to the concept of the industrial park and shall perform activities only in the field of processing industry, conversion of industrial and/or household wastes (except waste disposal), and also scientific and technical activities, activities in the field of information and telecommunications only in the territory (in limits) the industrial park;

9) other subject of the industrial park - the subject of managing of any pattern of ownership which according to the legislation acquired the right to the parcel of land and/or other object (part of object) of real estate within the industrial park signed the relevant agreement and/or about implementation of economic activity within the industrial park with managing company and performs the economic activity in spheres which are not prohibited by this Law, in the territory (in limits) the industrial park. Other subject of the industrial park has no right to the state stimulation according to this Law.

Article 2. The legislation about industrial the park

1. The legal framework for creation and functioning of industrial parks the Constitution of Ukraine, the Civil code of Ukraine, the Economic code of Ukraine, the Land code of Ukraine, the Tax code of Ukraine, the Customs code of Ukraine, this Law, the Law of Ukraine "On regulation of town-planning activities" constitute, other legal acts of Ukraine, and also the international agreements of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are provided by this Law are applied rules of the international treaty of Ukraine.

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